Hindustan Unilever Limited v. Manchanda Herbal Products

906-NMSL-3018-2016.DOC JSN

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION LEAVE PETITION NO. 314 OF 2016 WITH NOTICE OF MOTION (L) NO. 3018 OF 2016 IN SUIT (L) NO. 981 OF 2016 Hindustan Unilever Limited ...Plaintiff

Versus

Manchanda Herbal Products ...Defendant Mr. Ashutosh Kane, with Ms. Vrinda Gambhir i/b W.S. Kane for the Plaintiff.

Mr. M.R. Mandavgade, Officer on Special Duty to Court Receiver present.

CORAM: G.S. PATEL, J DATED:

22nd November 2016 PC:- 1.

There was an exparte ad interim order dated 17th October 2016. The Defendant has since been served. The Court Receiver has executed his Commission under that order. None appears for the Defendant despite service. The Petition for leave under Clause XIV of the Letters Patent is made absolute in terms of prayer clause (a).

22nd November 2016

906-NMSL-3018-2016.DOC 2.

For the reasons set out in the ad interim order, it is confirmed as the final order on the Notice of Motion, i.e., in terms of prayer clauses (a) to (d) and (f). In addition, there will be an order in terms of prayer clauses (c) and (e) in relation to the claim in in design infringement and trade mark passing off.

3.

The Notice of Motion is made absolute in these terms with costs. In addition, the Plaintiff will be entitled to recover entire cost at the final hearing of the Suit.

(G. S. PATEL, J.) 22nd November 2016